Burlington West Virginia Construction Expert Witness Directory

373 Snell & Wilmer Attorneys Recognized in the 2027 Edition of The Best Lawyers in America®

October 06, 2026 — Snell & Wilmer
PHOENIX – Snell & Wilmer is pleased to announce that 373 of the firm’s attorneys were recently selected by their peers for inclusion in the 2027 edition of The Best Lawyers in America® including the prestigious “Lawyer of the Year” honors, and “Ones to Watch” list. Attorneys listed as Ones to Watch typically have been in practice for five to nine years. “Lawyer of the Year” recognition is awarded to individual lawyers with the highest overall peer-feedback for a specific practice area and geographic region. Only one lawyer is recognized for each practice area and location. The following Snell & Wilmer attorneys were named 2027 “Lawyer of the Year” award recipients: Cortland P. Andrews, Troy J. Aramburu, Brian L. Blaylock, M. Lawrence Brown, Brian D. Cunningham, Michael M. Donahey, Jason Ebe, Matthew P. Fischer, Brett W. Johnson, Nathan G. Kanute, William A. Kastin, Timothy J. Kay, James D. Kilroy, Joseph A. Kroeger, Matthew L. Lalli, John F. Lomax, Anne M. Meyer, Robin L. Miskell, Patrick J. Paul, Amit D. Ranade, and M. Roxanne Veliz. Read the full story...
Reprinted courtesy of Snell & Wilmer

No Ink, No Problem: When Employees and Agents Can Enforce Arbitration Agreements

August 11, 2026 — Jordan Heath & Jacob Morrison - ConsensusDocs
Arbitration is a fundamental component of modern construction contracting. Many in the industry recognize the potential benefits and protections arbitration can provide to the business in the event of a dispute. But an important question many contracts do not address is: who does the arbitration agreement cover? Does it include the business entity only, or the individuals acting on behalf of the entity? As courts have long recognized, entities can generally only act through their employees, representatives, or agents.[1] This article discusses the circumstances in which an agent may rely on an arbitration provision entered by its employer. This is known as the agency doctrine. Reprinted courtesy of Jordan Heath, Associate, Jones Walker LLP and Jacob Morrison, Law Student University of Georgia, Jones Walker LLP Read the full story...
Mr. Heath may be contacted at jheath@joneswalker.com

Limitations of Liability Provisions in Construction Contracts: A Means to Manage Risk and Limit Financial Exposure

June 23, 2026 — Ellen Chapelle, Richard Reizen, Hannah Batsche - Construction Executive
Taking a cue from architects and engineers, construction contractors have started inserting limitation of liability clauses in their construction contracts to manage risk and limit financial exposure. This article will address the specific risks that can be limited through an LOL, tips for negotiating the LOL terms with reluctant owners to cover those specific risks, how to limit unintended consequences of an LOL (such as relieving an insurer of its obligations to cover certain losses), and approaches to setting the amount of the liability cap in the LOL. Addressing Particular Risks An LOL can address a wide range of risks, including:

Damages for delay
Liability for non-conforming or defective work
Liability for third-party bodily injury or property damage
Liability excluded by a general liability policy (e.g., pollution and cyber liability)
Liability related to intellectual property

World's Longest Immersed Tunnel Passes Milestone, But Faces Delays

August 03, 2026 — James Leggate - Engineering News-Record
Work on the $8-billion Fehmarnbelt Tunnel, which is planned to link Germany and Denmark as the world’s longest immersed tunnel, is progressing as crews achieved a milestone last month with the successful immersion of its first precast concrete element. But Danish state-owned project owner Femern A/S says the plan is now running at least two years behind schedule and the tunnel’s road and rail portions will open in two separate stages. Read the full story...
Reprinted courtesy of James Leggate, Engineering News-Record
Mr. Leggate may be contacted at leggatej@enr.com

Prefatory Contract Language Cannot Be Used to Create an Ambiguity with Operative Provisions

May 12, 2026 — David Adelstein - Florida Construction Legal Updates
Contract drafting and interpretation matters. A case dealt with the potential conflict with prefatory language in an agreement compared with operative provisions in the agreement. The trial court held that the operative provisions control. I discussed this case here where the appellate court reversed based on the prefatory language. But, through a motion for rehearing, the appellate court reconsidered its position and affirmed the trial court based on the operative provisions, mainly that the prefatory language cannot be used to create an ambiguity with operative provisions. Consider this explanation in affirming the trial court:

Because the trial court correctly found that the initial language in the contract was prefatory and could not be used to create an ambiguity in the remainder of the contract, we affirm the final judgment.

Read the full story...
Reprinted courtesy of David Adelstein, Kirwin Norris
Mr. Adelstein may be contacted at dma@kirwinnorris.com

Partner Bryan Stofferahn and Our Walnut Creek Team Secure Summary Judgment in a $28 Million Premises Liability Case!

September 15, 2026 — Dolores Montoya - Bremer Whyte Brown & O'Meara LLP
BWB&O is proud to announce that Partner Bryan Stofferahn and the Walnut Creek Team secured a Summary Judgment on behalf of the firm’s clients, resulting in a complete dismissal of a negligence and premises liability claim. Plaintiff, a teenager, was riding his bicycle on private commercial property when he was struck by a vehicle. Plaintiff was in a coma for 6 weeks and developed major neurocognitive dysfunction from a traumatic brain injury. BWB&O’s clients are a commercial property owner and property management company, who Plaintiff contended were liable for his injuries based on the design, condition, operation, and management of the premises. Plaintiff had demanded $28 million in settlement of the claims against all defendants. Read the full story...
Reprinted courtesy of Bremer Whyte Brown & O'Meara, LLP

Construction Attorneys: Contract Negotiation Strategy

September 01, 2026 — Construction Executive
Contract negotiation is where project expectations become enforceable business obligations. A reasonable bid can become a high-risk agreement when the final contract expands the scope, shortens notice periods, limits payment rights or transfers liability that was never included in the price. Construction attorneys help project leaders identify those consequences before execution. Their role is not to eliminate every risk or prolong negotiations. It is to determine which risks can be controlled, insured, priced, shared or rejected while preserving a workable deal. The financial stakes can be substantial. HKA's 2025 analysis of more than 2,200 distressed construction and engineering projects found that disputed costs averaged 33.4% of contract budgets. Scope changes affected more than 28% of the projects studied and remained the most common cause of conflict. In North America, the average dispute studied by Arcadis in 2024 had a value of $60.1 million and took 12.5 months to resolve. Reprinted courtesy of Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the full story...

Location, Location, Location — But Which One? The Few Words in Your Construction Contract that Pick Where You Fight

June 29, 2026 — Brad Sands - ConsensusDocs
Most professionals know the old real estate line: location, location, location. It turns out to be just as true for construction contracts as it is for property. Consider a recent case involving a project owner that hired two design firms for a project. When issues arose during construction, the owner sued the design firms in state court in Brazoria County, Texas, pursuant to the forum selection clause in the parties’ contracts. The defendants then removed the case to the federal district court in Galveston, a courthouse in a different county. But the owner wanted the case back in Brazoria County state court. Whether it got its wish came down to two words in the contract: “situated in.” This article is about words like those. A construction contract’s forum selection clause names the place for the fight nobody plans to have, and where that fight happens can shape how it goes. This article explains why the wording in your forum selection clause deserves careful reading before you sign a construction contract. It is not a deep dive into the mechanics of federal removal jurisdiction, and it is not an academic comparison of the terms “forum” and “venue.” Instead, it is a practical look at how courts actually read these clauses, so the location of a future fight is the one you intended. Read the full story...
Reprinted courtesy of Brad Sands, Jones Walker, LLP
Mr. Sands may be contacted at bsands@joneswalker.com

BURLINGTON WEST VIRGINIA CONSTRUCTION EXPERT WITNESS DIRECTORY AND CAPABILITIES